Victorian Consolidated Legislation

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SUPREME COURT ACT 1986

No. 110 of 1986
Version incorporating amendments as at 1 October 2009

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Definitions
   4.      Abolition of distinction between court and chambers
   5.      Criminal procedure

   PART 2-SITTINGS, POWERS AND PROCEDURES

           Division 1-Sittings

   6.      Where Court to be held
   7.      Time and place of sitting
           8, 9. Repealed
   9A.     Robing of Judges
   9B.     Titles of Associate Judges

           Division 2-Court of Appeal

   10.     Jurisdiction and powers
   11.     Way in which Court of Appeal may be constituted
   12.     Opinions equally divided
   13.     Judges not to sit on appeal from their own judgments
   13A.    When additional Trial Division Judge must not sit on hearing
           of new trial
   14.     Power of Court of Appeal on civil appeals
   15.     Constitution of Court if one Judge of Appeal unable to
           continue
   16.     Arrangement of business of Court of Appeal

           Division 2A-Trial Division

   17.     Business to be disposed of by Trial Division constituted by a Judge of the Court or by an Associate Judge
   17A.    Restriction on appeals
   17B.    Reference of matters to Court of Appeal

           Division 3-Powers

   18.     Power to close proceedings to the public
   19.     Circumstances in which order may be made under section 18.
   20.     Offence to publish certain information concerning proceedings
   20A.    Power to act in cases relating to rates and taxes
   21.     Vexatious litigants
   22.     Execution of instruments by order of Court
   23.     Attachment of earnings
   24.     Costs to be in the discretion of Court
   24A.    Mediation

           Division 3A-Judicial resolution conferences

   24B.    Judicial resolution conference
   24C.    Protection of conduct of judicial resolution conference

           Division 4-Court Rules

   25.     Power to make Rules
   26.     Manner of making Rules
   27.     Disallowance of Rules
   27A.    Protection of special referees, mediators and arbitrators

           Division 5-Council of Judges

   28.     Council of Judges

           Division 6-Professional development and training

   28A.    Professional development and training

   PART 3-CONCURRENT ADMINISTRATION OF LAW AND EQUITY

   29.     Law and equity to be concurrently administered
   30.     Power to stay proceedings

   PART 4-INFERIOR COURTS

   31.     Power of inferior courts with equity jurisdiction
   32.     Transfer of proceeding from inferior court
   33.     Rules of law to apply to inferior courts

   PART 4A-GROUP PROCEEDING

           Division 1-Preliminary

   33A.    Definitions
   33B.    Application

           Division 2-Commencement of group proceeding

   33C.    Commencement of proceeding
   33D.    Standing
   33E.    Consent of group member
   33F.    Persons under disability
   33G.    Group proceeding not to be commenced in certain
           circumstances
   33H.    Originating process
   33J.    Right of group member to opt out
   33K.    Causes of action accruing after commencement
   33KA.   Court powers concerning group membership
   33L.    Fewer than seven group members
   33M.    Distribution costs excessive
   33N.    Proceeding not to continue under this Part
   33P.    Consequences of proceeding not continuing under this Part
   33Q.    Where not all questions common
   33R.    Individual questions
   33S.    Directions for further proceedings
   33T.    Adequacy of representation
   33U.    Stay of execution
   33V.    Settlement and discontinuance
   33W.    Settlement of individual claim

           Division 3-Notices

   33X.    When notice to be given
   33Y.    Notices under section 33X.

           Division 4-Judgment, etc.

   33Z.    Judgment of the Court
   33ZA.   Constitution etc. of fund
   33ZB.   Effect of judgment

           Division 5-Appeals

   33ZC.   Appeals

           Division 6-Miscellaneous

   33ZD.   Costs
   33ZE.   Suspension of limitation periods
   33ZF.   General power of court to make orders
   33ZG.   Order may specify a date by which group members must take a step
   33ZH.   Order in event of decision or admission on liability
   33ZJ.   Reimbursement of plaintiff's costs
   33ZK.   Transitional provisions

   PART 5-MISCELLANEOUS RULES OF LAW

           Division 1-General

           34, 35. Repealed
   36.     Declaratory judgments
   37.     Injunctions and receivers
   38.     Damages in addition to or in place of other remedies
   39.     Foreign law
   40.     Crown payments to be subject to attachment
   41.     Failure to prosecute not a bar to civil remedy
   42.     Property available to satisfy judgment debt
   43.     Standard time in Victoria
   44.     Meaning of month in documents

           Division 2-Vessels

   45.     Rule as to division of liability for damage or loss
   46.     Liability for loss of life or personal injuries
   47.     Right of contribution

           Division 3-Fires

   48.     Proceeding does not lie against person on whose land fire accidentally begins

           Division 4-Contracts of minors

   49.     Certain contracts by minors to be void
   50.     No proceeding to be brought on ratification of minor's contract
   51.     Avoiding contract for payment of loan advanced during
           minority

           Division 4A-Administration of children's funds

   51A.    Court orders relating to administration of children's funds

           Division 5-Sureties, co-contractors and co-debtors

   52.     Surety discharging liability to be entitled to securities

           Division 6-Apportionment

   53.     Definitions
   54.     Rents etc. to accrue from day to day and be apportionable
   55.     Time when apportioned part is to be payable
   56.     Recovery of apportioned parts

           Division 7-Interest

   57.     Any interest may be contracted to be paid
   58.     Interest to be allowed when debts or sums certain recovered
   59.     Damages in nature of interest
   60.     Interest in proceedings for debt or damages

           Division 8-Contempt of Court

   61.     Restoration of common law relating to contempt of court
           62-66. Repealed

           Division 9-Repealed

   67.     Repealed

   PART 6-MISCELLANEOUS POWERS

           Division 1-Repealed

           68, 69. Repealed

           Division 2-Delivery of documents

           70-75. Repealed
   76.     Power of Court to order legal practitioner or law practice to deliver bill of costs etc.

           Division 3-Assistance of assessors and legal practitioners

   77.     Assessors
   78.     Opinion of a legal practitioner

           Division 4-Proceeding for recovery of land

   79.     Proceeding by landlord if rent is in arrears
   80.     Lessee not to have relief without payment of rent and costs
   81.     Proceeding by landlord against tenant holding over after end of tenancy
   82.     Provisions concerning securities
   83.     Saving of former remedies
   84.     Proceeding for recovery of land by mortgagee

           Division 5-Relief from forfeiture

   85.     Relief against forfeiture for non-payment of rent

           Division 6-Arrest in pending proceedings

   86.     Arrest on mesne process abolished
   87.     Court may order arrest
   88.     Security to be given by defendant
   89.     Control of the Court
   90.     Making of order to arrest
   91.     Defendant may apply for relief
   92.     Endorsement on order
   93.     Restrictions on execution of order
   94.     Execution on a Sunday
   95.     Privilege from arrest
   96.     Misdescription of defendant
   97.     Costs
   98.     Discharge of defendant
   99.     Date of arrest
   100.    Fees

           Division 7-Interest on judgment

   101.    Interest on judgment

           Division 8-Wards of Court

   102.    Minors to become wards only by order

           Division 9-Quashing by-laws

   103.    Proceeding to test legality of by-laws

   PART 7-ASSOCIATE JUDGES AND OFFICERS OF THE COURT

           Division 1-Appointments

   104.    Appointment of Associate Judges
   104A.   Pension entitlements of Associate Judges, their partners
           and children
   104B.   Election of Associate Judges to commute future pensions
           for payment of superannuation contributions surcharge
   104C.   Actuary's first calculation after election of Associate
           Judges to commute pensions
   104D.   Actuary's second calculation after election of Associate Judges to commute pensions and payment of lump sums
   104E.   Election of former Associate Judges to commute pensions
           for payment of superannuation contributions surcharge
   104F.   Actuary's calculation after former Associate Judges'
           election to commute pensions
   104G.   Payment and commutation of pensions of former Associate Judges
   104H.   Election of Associate Judges' partners and eligible children
           to commute pensions for payment of superannuation contributions surcharge
   104I.   Actuary's calculation of reduction of pensions of Associate Judges' partners and eligible children
   104J.   Payment and commutation of pensions of former Associate Judges' partners and eligible children
   105.    Acting Associate Judges
   105A.   Acting Senior Master
   106.    Power to employ chief executive officer, prothonotary etc.
   107.    Certain office holders to be deputies
   108.    Powers of deputies
   109.    Appointment of bailiffs and assistant bailiffs

           Division 2-Functions of Associate Judges

   109A.   Chief Justice responsible for business of Associate Judges
   110.    Functions of the Senior Master
   111.    Functions of Associate Judges
   111A.   Functions of Registrar of the Court of Appeal
   112.    Functions of the Registrar of Criminal Appeals and Taxing Master
   113.    Common Funds
   113A.   Common Fund No. 3.
   113B.   Senior Master to have certain powers of administrator

           Division 3-The sheriff

   114.    Definition
   115.    Functions of sheriff
           116-118. Repealed
   119.    Duties on arrest of civil debtors
   120.    Liability for wrongful imprisonment
           121-122. Repealed
   123.    Punishment for misconduct
   124.    Repealed

           Division 4-General

   125.    Extortion by and impersonation of court officials
   126.    Repealed
   127.    Senior Master and court officials subject to audit for receipt of public money
   128.    Money held under Act may be invested
   128A.   Supreme Court-limitation of jurisdiction
   129.    Regulations

   PART 8-TRANSITIONALS AND SAVINGS

           130-138. Repealed
   139.    Transitional and savings
   139A.   Transitional provision
   140.    Transitional provision-Courts and Tribunals Legislation (Miscellaneous Amendments) Act 2000.
   141.    Transitional provision-Justice Legislation (Amendment) Act 2005.
   142.    References
   142A.   Regulations dealing with transitional matters-Courts Legislation Amendment (Associate Judges) Act 2008.
   143.    Masters to become Associate Judges
   144.    Pension entitlements
           __________________
           SCHEDULE-Repealed
           ---------------
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details


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